Alternative Law Journal

DUAO - 2012 - Vol 37(2)

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Developments around the country

DownUnderAllOver is a round-up of legal news from both State and federal jurisdictions, and contains topical articles and short pieces from Alternative Law Journal committees around the country.

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Oversight and accountability of places of detention

Phil Lynch, Ben Schokman and Rachel Ball

Human Rights

Australia has moved a step closer to ensuring independent monitoring, inspection and oversight of places of detention. On 28 February 2012, the Commonwealth Attorney-General, Nicola Roxon, and then Acting Minister for Foreign Affairs, Craig Emerson, tabled a National Interest Analysis (‘NIA’) on Australia’s ratification of the Optional Protocol to the Convention against Torture. The NIA has been referred to the Joint Standing Committee on Treaties for inquiry and report as to the national interest in ratification.

Cite as

(2012) 37(2) AltLJ 132

Category: DUAO - 2012 - Vol 37(2)

New Joint Committee to strengthen parliamentary human rights scrutiny

Phil Lynch, Ben Schokman and Rachel Ball

Human Rights

The Parliamentary Joint Committee on Human Rights has recently been established, mandated by the Human Rights (Parliamentary Scrutiny) Act 2011. Under section 7 of the Act, the Committee has two primary functions:

to examine Bills, existing Acts and Legislative Instruments for compatibility with human rights and to report to both Houses of the Commonwealth Parliament on that issue; and
to inquire into any matter relating to human rights which is referred to it by the Attorney-General, and report to both Houses of the Parliament on that matter.

Cite as

(2012) 37(2) AltLJ 132

Category: DUAO - 2012 - Vol 37(2)

Independent Monitor’s first report on Australia’s counter-terrorism laws

Phil Lynch, Ben Schokman and Rachel Ball

Human Rights

On 19 March 2012, the Commonwealth Government tabled in Parliament the first annual report of the Independent National Security Legislation Monitor on the operation of Australia’s counter-terrorism and national security legislation. The Independent Monitor, Bret Walker SC, was appointed under the Independent National Security Legislation Monitor Act 2010 (Cth) and is empowered to review and report on Australia’s counter-terrorism and national security legislation, including its compliance with Australia’s international human rights obligations.

Cite as

(2012) 37(2) AltLJ 132

Category: DUAO - 2012 - Vol 37(2)

Missed opportunity by High Court

Phil Lynch, Ben Schokman and Rachel Ball

Human Rights

The High Court has missed a major opportunity to strengthen and uphold the rights to free speech, freedom of assembly and freedom of the press in the case of Wotton v Queensland [2012] HCA 2 (29 February 2012).

Cite as

(2012) 37(2) AltLJ 133

Category: DUAO - 2012 - Vol 37(2)

Baillieu government retains Victorian Charter of Human Rights

Phil Lynch, Ben Schokman and Rachel Ball

Human Rights

Victoria’s Charter of Human Rights will be retained following the tabling of a Baillieu government statement on its future on 14 March 2012. According to the statement, ‘the Government is strongly committed to the principles of human rights and considers that legislative protection for those rights provides a tangible benefit to the Victorian community’.

Cite as

(2012) 37(2) AltLJ 133

Category: DUAO - 2012 - Vol 37(2)